Filing defamation case

Jayasheela (Querist) 28 June 2015 This query is : Resolved
1. In a Registered Will made by my father (now deceased ), he has clearly mentioned that I (daughter) and my brother (son) is entitled to 50% share each in his self-acquired residential property (value Rs 85 lakhs approx.) in Mumbai. On coming to know about the Will my brother (who is continuously using the disputed flat commercially) kept on abusing and threatening me and my husband over phone with nasty words and told me to go to court to get my share with the main bad intention of raising objections at the time of my petition for Letters of Administration (Executor named in the Will refused to act ) so that Partition Suit will normally take many years ,thereby he can keep on earning from the disputed flat till the case is decided.
2. In own handwriting he has also written/misrepresented the actual facts to the Co-Op Housing Society of the flat making unwarranted and false comments/ derogatory statements about me and my husband (which are far from truth). To substantiate his false claim that the Will is not genuine but bogus one, he has also misrepresented the actual facts with some of his neighbours and relatives thereby tarnishing our image and reputation in Society and Public. Under these circumstances kindly guide me about the following.
(a). Whether I and my husband can file Criminal Defamation Case/Civil Defamation Case separately and claim damages ?
(b).If so inMumbai where to file the Defamation Case? In High Court or in some other Court?
(c). Is there any time Limitation to file Defamation Case ? If so, from which date?
(d). Whether Defamation Case can be filed through E-filing or Party in Person in Mumbai?
Kindly reply in detail. Thanking in advance.

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P. Venu (Expert) 29 June 2015
You immediate concern should be the getting property as bequeathed by the Wii than filing the defamation.

Sudhir Kumar, Advocate (Expert) 01 July 2015
why to panic.

every will be there to be challenged. It is written only when dispute is expected.

Your brother has a duty to resist it and you have a duty to prove it.

There is no need to distract your attention at this stage.